CERTIFICATION OF ENROLLMENT

             ENGROSSED SUBSTITUTE SENATE BILL 5208

                   Chapter 381, Laws of 1999

                        56th Legislature

                      1999 Regular Session

FERTILIZER LABELING

                    EFFECTIVE DATE:  7/1/99

Passed by the Senate April 22, 1999   YEAS 35   NAYS 9                BRAD OWEN President of the Senate Passed by the House April 15, 1999   YEAS 55   NAYS 42

CERTIFICATE I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  ENGROSSED SUBSTITUTE SENATE BILL 5208 as passed by the Senate and the House of Representatives on the dates hereon set forth.

CLYDE BALLARD Speaker of the       House of Representatives	TONY M. COOK                             Secretary
FRANK CHOPP Speaker of the       House of Representatives

Approved May 18, 1999 Place Style On Codes above, and Style Off Codes below.

FILED                        May 18, 1999 - 3:13 p.m.

GARY LOCKE Governor of the State of Washington

Secretary of State                  State of Washington

          _______________________________________________

               ENGROSSED SUBSTITUTE SENATE BILL 5208

          _______________________________________________

                      AS AMENDED BY THE HOUSE

             Passed Legislature - 1999 Regular Session

State of Washington      56th Legislature     1999 Regular Session

By Senate Committee on Environmental Quality & Water Resources (originally sponsored by Senators Rasmussen, Stevens, T. Sheldon and Morton)

Read first time 03/03/99.

Changing labeling requirements for specialty fertilizers.   

    AN ACT Relating to fertilizer labeling language; amending RCW 15.54.340; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 15.54.340 and 1998 c 36 s 6 are each amended to read as follows:

    (1) Any commercial fertilizer distributed in this state shall have placed on or affixed to the package a label setting forth in clearly legible and conspicuous form the following information:

    (a) The net weight;

    (b) The product name, brand, and grade.  The grade is not required if no primary nutrients are claimed;

    (c) The guaranteed analysis;

    (d) The name and address of the registrant or licensee.  The name and address of the manufacturer, if different from the registrant or licensee, may also be stated;

    (e) Any information required under WAC 296-62-054;

    (f) At a minimum, one of the following labeling statements:  (("This product has been registered with the Washington State Department of Agriculture.  When applied as directed, this fertilizer meets the Washington standards for arsenic, cadmium, cobalt, mercury, molybdenum, lead, nickel, selenium, and zinc.  You have the right to receive specific information about Washington standards from the distributor of this product.";

    (g) After July 1, 1999, the label must also state:))

(i) "Information received by the Washington State Department of Agriculture regarding the components in this product is available on the internet at http://www.wa.gov/agr/((.))"; or

(ii) "Information regarding the contents and levels of metals in this product is available on the internet at http://www.wa.gov/agr/"; or

(iii) "Information regarding the contents and levels of metals in this product is available on the internet at http://www.regulatory-info-xx.com".  Each registrant must substitute a unique alpha numeric identifier for "xx".  This statement may be used only if the registrant establishes and maintains the internet site and the internet site meets the following criteria:

(A) There is no advertising or company-specific information on the site;

(B) There is a clearly visible, direct hyperlink to the department's internet site specified in (f)(i) and (ii) of this subsection (1); and

(C) Any other criteria adopted by the director by rule; and

    (((h))) (g) Other information as required by the department by rule.

    (2) If a commercial fertilizer is distributed in bulk, a written or printed statement of the information required by subsection (1) of this section shall accompany delivery and be supplied to the purchaser at the time of delivery.

    (3) Each delivery of a customer-formula fertilizer shall be subject to containing those ingredients specified by the purchaser, which ingredients shall be shown on the statement or invoice with the amount contained therein, and a record of all invoices of customer-formula grade mixes shall be kept by the registrant or licensee for a period of twelve months and shall be available to the department upon request:  PROVIDED, That each such delivery shall be accompanied by either a statement, invoice, a delivery slip, or a label if bagged, containing the following information:  The net weight; the brand; the guaranteed analysis which may be stated to the nearest tenth of a percent or to the next lower whole number; the name and address of the registrant or licensee, or manufacturer, or both; and the name and address of the purchaser.

    (((4) Any person who distributes a commercial fertilizer in this state shall make available to the purchaser on request, a copy of standards for metals established in RCW 15.54.800.))

NEW SECTION. Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999.

    Passed the Senate April 22, 1999.

    Passed the House April 15, 1999.

Approved by the Governor May 18, 1999.

    Filed in Office of Secretary of State May 18, 1999.